Florida reverse foreclosure lawsuit the first of its kind — likely not the last

The Miami Herald reports that a Pinellas County case is the first known case of a homeowner attempting to reclaim his home after it was foreclosed upon and sold. But it is unlikely to be the last.

As our foreclosure defense lawyers in Miami have been reporting, the foreclosure fraud by banks is now turning the tide in favor of homeowners looking for help stopping foreclosure. Firms like the Law offices of David J. Stern, Law office of Marshall Watson, Shapiro & Fishman, have come under fire for the questionable handling of thousands of foreclosure cases on behalf of numerous banks, including JP Morgan Chase, Bank of America and GMAC.

In many cases, a homeowner does not want the home back. But a deficiency judgment may be stopped and in some cases a monetary award may be pursued if you and your family were treated unfairly during the foreclosure process.

In this case, the 42-year-old father of three said he wants his home back, claiming he never knew he was facing foreclosure in 2008 until the proceeding was over. Bank of America has since sold his home to another couple, who thought they bought the property free and clear. Legal experts agree in might be the first such case, but it won’t be the last.

Robo-signed documents, false affidavits and failure to notify defendants are just a few of the ways banks and their lawyers are accused of mishandling foreclosures. A homeowner who seeks legal advice in such cases, could negotiate from a position of strength.

Bank of America filed foreclosure action on the property in Feb. 2008. The homeowner had moved to California and was leasing it to a tenant. The case was rushed through the foreclosure process in just two months.

The homeowner spent months trying to negotiate with the bank for the return of his house. But it wasn’t until reading the current issues facing banks and their law firms that he decided to consult a lawyer and restart the battle against Bank of America.

If you need help with foreclosure issues in Miami or the surrounding areas, including short sales, deficiency judgments, strategic defaults or other help for Miami homeowners, contact Barakat, Jacobs & Associates for a confidential appointment to discuss your rights. Call (305) 350-5055.

Florida man sues to reverse foreclosure on his home – 11-09-2010 MiamiHerald.com.pdf

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